- (1.) We have heard Shri Dhananjai Awasthi, learned counsel appearing for the department. This Income Tax Appeal filed under Section 260 -A of the Income Tax Act arises from an order of Income Tax Appellate Tribunal, Agra Bench, Agra dated 22.2.2013 in ITA No. 219/Agr/2011 in respect of assessment year 2005 -06.
(2.) The appeal has been preferred by the department on following substantial questions of law: - WHETHER the ITAT erred in law in giving relief to the Assessee on basis of doctrine of "res -judicata", which is not applicable in tax proceeding. Whether the ITAT has erred in law in deleting the addition of Rs. 31,05,967/ - on account of alleged income and unaccounted expenses and investment, ignoring the fact that assessee society was not maintaining books of account in regular course of business and for the same reason it was not entitled for exemption u/s. 10(23C) of the Act, 1961.
(3.) WHETHER the ITAT has erred in law in deleting the addition of Rs. 11,83,249/ - made on the basis of the valuer's report without giving sufficient opportunity to valuation officer to make his stand clear on this issue and passing the order in haste.;